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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My fiancée is a Trinidad national and I am a british

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My fiancée is a Trinidad national and I am a british subject. We have known each other over 10 years through working together and met early June 2015 and have been in a relationship ever since. I invited her over and she arrived UK 7/12/15 and to comply with not over staying her 6 month allowance she returned to Trinidad 6/6/16. We are applying for an unmarried partner visa though need to supply more information to get this through, sadly things we should have submitted at the time of the original application. The application at this stage has been refused and we are appealing by supplying the additional information requested. I am allowed to invite her over again for another 6 month stay as she has now been out of the country for over 5 weeks. Thank you
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Thomas replied 6 months ago.

Hi,

Is her passport not with the home office after submitting the application?

Tom

Customer: replied 6 months ago.
Hello,No they have now returned it to her as her entry has been refused on 2 grounds...firstly we need to prove the relationship genuine which we didn't send any particular documents backing this up which we are rectifying and I am a director of a company and unfortunately never read the notes to send supporting documents backing this up. When she received her refusal in Trinidad they gave her the passport back. Thanks
Customer: replied 6 months ago.
Sorry we are appealing the decision in the next 1-2 weeks once we have the necessary documents together. We were though hoping to get back together by the end of this month
Expert:  Thomas replied 6 months ago.

Thanks. Drafting your answer now. 5 mins please

Expert:  Thomas replied 6 months ago.

Hi

Thanks for your question. I will try to help.

Although there is technically nothing preventing her from attempting to visit the UK, I would think unwise to try for the time being.

The reason for this is because she has recently applied for a visa which would enable her to stay in the UK permanently. Effectively, she has demonstrated her desire that she wishes to stay permanently in the UK. For this reason, the home office and entry officials will consider her a higher risk of an overstay.

This means that they are much more likely to refuse her entry when she arrives and it would obviously be quite costly for you. For this reason I would personally suspend visits until you have deal with the appeal process.

I would also strongly recommend that you instruct a solicitor to advise you on whether your appeal has reasonable prospect of success on appeal.

This is because you can generally only rely on evidence which was in existence at the time that you made the original application and if your appeal fails because some of your evidence is inadmissible then you would have wasted a lot of time in appealing whereas making a new application would have been quicker.

I am sorry that I could not have better news for you.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience: UK Lawyer holding practising certficate for England & Wales.
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